Estate Planning 101: Wills vs. Trusts — The Real Differences
If you’re searching for an estate planning attorney in Mt. Juliet, Lebanon, Gallatin, Hermitage, Old Hickory, Donelson, or Nashville, one of the first questions you’re likely asking is:
“Do I need a will or a trust?”
The answer is rarely one-size-fits-all. Wills and trusts serve different purposes, and choosing the wrong one, or relying on online forms, can create unnecessary probate delays, expenses, and family conflict later.
This blog breaks down the real differences between wills and trusts under Tennessee law, so you can make informed decisions for your family.
What Is a Will in Tennessee?
A will is a legal document that outlines how your property should be distributed after death and who will be responsible for handling your estate (your executor).
In Tennessee, a will can:
Direct how assets are distributed
Name guardians for minor children
Appoint an executor
Provide instructions for personal property
However, a will must go through probate.
For families in Wilson County, Davidson County, and Sumner County, probate means court involvement, filings that become public record, and a process that can take months, sometimes longer, depending on complexity and disputes.
What Is a Trust?
A trust is a legal arrangement that holds assets for beneficiaries under rules you create. The most common option for families in Middle Tennessee is a revocable living trust.
A properly drafted and funded trust can:
Avoid probate for trust-owned assets
Keep family matters private
Allow faster asset distribution
Provide planning for incapacity
Offer greater control over how and when assets are distributed
Trusts are not just for wealthy families in Nashville or Mt. Juliet — they are often used to simplify administration and reduce conflict, especially when real estate or blended families are involved.
Wills vs. Trusts: Key Differences
1. Probate
Will: Requires probate in Tennessee courts
Trust: Can avoid probate if properly funded
2. Privacy
Will: Probate filings are public
Trust: Administration is private
3. Control
Will: Often distributes assets outright
Trust: Can stagger distributions or protect assets long-term
4. Incapacity Planning
Will: Effective only after death
Trust: Can manage assets during incapacity
5. Upfront Cost vs. Long-Term Cost
Will: Lower upfront cost
Trust: Often saves time, stress, and money later
Common Myths About Wills and Trusts
“A will avoids probate.”
It doesn’t. A will directs the probate process — it does not eliminate it.
“Trusts are only for wealthy families.”
Many families in Lebanon, Gallatin, and Hermitage choose trusts for efficiency and peace of mind, not because of asset size.
“Online wills work just fine.”
Online documents often fail to comply with Tennessee law or don’t align with how assets are titled, problems that only appear after death.
Do You Need a Will, a Trust, or Both?
Many comprehensive estate plans in Middle Tennessee include:
A will
A trust (when appropriate)
Powers of attorney
Healthcare directives
The right structure depends on:
Family dynamics
Minor children or blended families
Real estate ownership
Business interests
Desire for privacy
Long-term planning goals
Why Local Estate Planning Matters
Estate planning laws vary by state, and Tennessee probate and trust administration rules matter. Working with a local estate planning attorney familiar with Wilson County, Davidson County, and Sumner County courts ensures your plan works in practice, not just on paper.
The Bottom Line
Wills and trusts are tools. The goal is not choosing one over the other, it’s creating a plan that works when your family needs it most.
If you live in Mt. Juliet, Lebanon, Hermitage, Old Hickory, Gallatin, Donelson, or Nashville and want clarity about which option fits your situation, having that conversation now can prevent stress, court involvement, and conflict later.
If you’re ready to create or update an estate plan that reflects your life, family, and goals, schedule a consultation to discuss your options under Tennessee law.